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2023.07.17 Motion to Consolidate 762
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.17
Excerpt: ...laint against Defendant Christian Omar Dada, individually and dba Dada's Trucking, and Bessy Dinora Ramirez Aguilar, alleging a cause of action for motor vehicle negligence, arising out of the same collision that occurred on April 30, 2021. On November 4, 2022, this Court found all these two actions related. On November 30, 2022, Defendant Dada filed the instant motion to consolidate in both cases. No opposition has been filed. Legal Standard “...
2023.07.17 Motion to Compel Responses, for Monetary Sanctions 157
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.17
Excerpt: ...he propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. S...
2023.07.14 Motion for Judgment on the Pleadings 641
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.14
Excerpt: ... admitted requests for admission served on Plaintiff. The truth of the matters in the request for admissions, set one, served on Plaintiff were deemed admitted. On June 16, 2023, Defendants filed this motion for judgment on the pleadings. No opposition has been filed. Request for Judicial Notice Defendants seek judicial notice of the following items: (1) Plaintiff's Complaint; (2) The Court order granting Defendant's Motion to Deem Requests for A...
2023.07.14 Motion for Determination of Good Faith Settlement 735
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.14
Excerpt: ...o by the plaintiff . . . and one or more alleged tortfeasors or co- obligors . . . .” (Code. Civ. Proc., § 877.6(a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault....
2023.07.13 Motion to Continue Trial 351
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.13
Excerpt: ... to Continue Trial, filed with the Court on January 26, 2023. The requests are granted pursuant to Evidence Code section 452(d). Legal Standard Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332, subd. (a).) Continuances are thus generally disfavored. (See id., rule 3.1332, subd. (b).) Nevertheless, the trial court has discretion to continue trial dates. (Hernandez v. Superior Court (2004) 115 Cal....
2023.07.13 Motion to Compel Arbitration 751
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.13
Excerpt: ... collision that occurred on February 2, 2022. On June 16, 2023, Uber filed this motion to compel arbitration and to dismiss or stay. No opposition has been filed. Legal Standard “A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract.” (Code Civ. Proc., § 1281.) “On petition of a party ...
2023.07.13 Motion for Protective Order 372
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.13
Excerpt: ... June Roberts (“Defendant”) filed her answer on November 16, 2021. On November 22, 2022, Defendant filed a motion to continue trial to a date after the date Defendant had reserved for her motion for summary judgment. The Court granted that motion (over the opposition of Plaintiff) on December 21, 2022. On November 23, 2022, Plaintiff filed a motion to compel Defendant's deposition. Defendant filed an opposition in which her attorney asserted ...
2023.07.13 Demurrer, Motion to Strike 262
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.13
Excerpt: ...2, 2021, each of the Plaintiffs filed claims with the City of Industry under the Government Claims Act (the “GCA”). (Gutierrez-Robles Decl., Exhs. A & B.) In their claims, Plaintiffs stated that they were struck in an intersection and injured “due to a light malfunction.” (Ibid.) On February 10, 2022, Plaintiffs filed the Complaint in this action against Zarazua, the City of Industry, and other defendants. In the first two causes of actio...
2023.07.12 Motion to Compel Responses, to Deem RFAs Admitted 349
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.12
Excerpt: ... the requests for admission that is in substantial compliance with Code of Civil Procedure section 2033.220). Plaintiff's request for sanctions is GRANTED in part. Defendant's law firm Martinez, Dieterich & Zarcone Legal Group is ordered to pay monetary sanctions in the amount of $1,230 within 30 days of this order. Background On February 22, 2022, Plaintiff Cosme Daniel Arriaga-Morales filed a complaint against Defendant Raniro Aguilera-Adame al...
2023.07.11 Motion to Continue Trial 588
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.11
Excerpt: ...trial dates. (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.) Each request for continuance must be considered on its own merits and is granted upon an affirmative showing of good cause. (Cal. Rules of Court, rule 3.1332, subd. (c); Hernandez, supra, 115 Cal.App.4th at p. 1246.) Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness due to death, illness, or other excusable ...
2023.07.11 Motion to Continue Trial 351
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.11
Excerpt: ... Legal Standard Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332, subd. (a).) Continuances are thus generally disfavored. (See id., rule 3.1332, subd. (b).) Nevertheless, the trial court has discretion to continue trial dates. (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.) Each request for continuance must be considered on its own merits and is granted upon an affirmative showin...
2023.07.11 Motion for Contempt, for Further Monetary Sanctions 720
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.11
Excerpt: ...NTED. The Court orders Plaintiff Israel Alberto Hernandez Saavedra and counsel of record Igor Fradkin to pay sanctions in the amount of $1,185, jointly and severally, within 30 days of this order. Legal Standard Contempt Contempt is any act, in or out of court, “which tends to impede, embarrass or obstruct the court in the discharge of its duties.” (In re Shortridge (1893) 99 Cal. 526, 532.) Particular acts constituting contempt are enumerate...
2023.07.05 Motion to Continue Trial and Related Dates 223
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.05
Excerpt: ...ion of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) The proximity of the t...
2023.07.05 Motion for Terminating Sanctions 740
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.05
Excerpt: ...and general negligence against Defendants. On March 25, 2022, the Court granted the motion of Plaintiff's counsel to be relieved as counsel. The Order prepared by Plaintiff's counsel and signed by the Court identified Plaintiff's current address as “605 Fishburn Avenue” in Huntington Park, California. The proof of service of the Order filed by Plaintiff's counsel listed a slightly different address: “6058 Fishburn Avenue” in Huntington Pa...
2023.07.03 Motion to Set Aside Dismissal 802
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.03
Excerpt: ..., or excusable neglect. Application for this relief … shall be made within a reasonable time, in no case exceeding six months, after the … dismissal … was taken.” (CCP section 473(b).) The mandatory prong states: “The court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence,...
2023.06.30 Motion to Tax Costs 460
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.30
Excerpt: ...lson v. Anderson (1999) 72 Cal.App.4th 111, 128-129 (citations and internal quotations omitted); Code of Civ. Proc. § 1032, subd. (b). The term “prevailing party” for costs purposes is defined by statute to include a) the party with a net monetary recovery; b) a defendant who is dismissed from the action; c) defendant where neither plaintiff nor defendant recovers anything; and d) a defendant as against those plaintiffs who do not recover an...
2023.06.30 Motion to Quash Subpoena for Business Records 808
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.30
Excerpt: ... sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The court can make an order quashing or modifying a subpoena as necessary to protect a person from “unr...
2023.06.30 Motion to Compel Deposition 372
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.30
Excerpt: ...n objection under Code of Civil Procedure (“CCP”) section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appea...
2023.06.29 Motion to Set Aside Dismissal 536
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.29
Excerpt: ... upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The cou...
2023.06.28 Demurrer, Motion to Strike 581
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.28
Excerpt: ...Continental Hotel in downtown Los Angeles. (Complaint ¶ 13.) Plaintiffs allege that the robbery was “orchestrated” by and/or “perpetrated with the direct assistance of” Defendant Ronald Elie, who was then a Director of Housekeeping of the hotel. (Id., ¶¶ 1, 6, 13.) According to the complaint, Elie, as a Director of Housekeeping, was “privy to certain security protocols of the Hotel, namely the placement of security cameras inside the...
2023.06.27 Motion to Continue Trial and Related Dates 302
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.27
Excerpt: ...1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it...
2023.06.26 Motion to Set Aside Dismissal 524
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.26
Excerpt: ...sable neglect.” (CCP §473(b)). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant relief from dismissal where the application is accompanied by an attorney affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (Id.) In either case, the application must be ...
2023.06.26 Motion to Continue Trial 471
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.26
Excerpt: ...he addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial.¿ (Id., Rule 3.1332(c).)¿¿¿ Other relevant considerations¿may¿include: “(1) The ...
2023.06.26 Motion to Compel Responses 288
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.26
Excerpt: ...n to Compel responses to Requests for Production: Motion to compel DENIED as moot; request for monetary sanctions GRANTED in the amount of $554.60 as against Plaintiff and her counsel, jointly and severally. Motion to Deem Admitted Requests For Admission: The Court has NO TENTATIVE and wishes to hear argument as to the Motion to deem admitted as it appears that Plaintiff may have served, before the hearing, a response to the requests for admissio...
2023.06.23 Motion to Compel Compliance with Subpoena for Production of Records 626
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.23
Excerpt: ...t, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The court can compel a witness' compliance with a subpoena on such terms and conditions as appropriate to prote...

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